Loading...
HomeMy WebLinkAbout1978-07-05; City Council; Minutes6 ,. .. CITY . OF CARLSBAD '.. , . .. . . COUNCILME Meeting of: CITY COUNCIL (Adjourned Regular Meeting) v Time of Meeting: 4:OO P.M. Date of Meeting: July 5, 1978 P1 ace .of Meeting: Counci 1 Chambers 187 ROLL CALL: Present 1 INVOCATION was given by Mayor Packard. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: Minutes of the regular meeting held June 20, 197 were approved as presented. [48] 1. AGENDA BILL #5373 - Supplement #1 - SPECIAL MUNICIPAL ELECTION - JUNE 6, 1978. The following Resolution was adopted by title only: RESOLUTION NO. 5470, RECITING THE FACT OF A SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON THE 6TH DAY OF JUNE, 1978, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. Resolution No. 5470 is by this reference incor- porated herein as though set forth in full pur- suant to the Election Code, and marked "Exhibit A" attached hereto. C371 F 2. OATH OF OFFICE. . Jhe " Deputy City Clerk administered the Oath of Office to C1au.de A. Lewis, the newly elected Councilman,. who will fill the vacant Council seat created by the resignation of Ronald C. Packard upon his election to the office of Mayor CONSENT CALENDAR: Councilman Lewis requested that Item No. 6 be removed from the Consent Calendar; and Council- man Skotnicki requested that Item No. 9 be re- moved from the Consent Calendar. The following items, with the exce.ption of Item No. 6 and No. 9, were approved by one motion,. affirming the action on the Consent Calendar, with Mayor Packard requesting that the minutes reflect his abstention from the vote on Item No. 8. Motion Ayes Motion Ayes i I Motion ~ Ayes X X 3. WAIVER OF ORDINANCE TEXT READING. Council waived the reading of the text of all Ordinances before Council at this meeting. [50] 4. AGENDA BILL #5491 - PAYMENT OF BILLS. Authorization was given the payment of bills for . 'the General Expenses of the City and for the Water Department as follows: City Operations $329,752.88; Water Department $66,025.79; Net Payroll Transfer $138,589.75; for a total of $534,368.42, as certified by the Finance Directo. and approved by the Auditing Committee. X xx - B 0 1 I .-. 5 I . . .. . . .-.. CITY OF CARLSBAD . . ' -2- 1 CONSENT CALENDAR (Cont'd.) I 5. AGENDA BILL #5492 - RATIFICATION OF PAYROLL. Ratification was given the payment of the payrol' in the amount of $213,242.37 for the period June 12, 1978 through June 25, 1978, as certifiec by the Finance D-irector and approved by the Auditing Committee. 7. AGENDA BILL #5484 - Supplement #1 - AIRSPACE 358 JEREZ COMPANY. Resolution No. 5471, denying Tentative Subdivision Map (CT 78-2) for three SUBDIVISION FOR A 3-UNIT CONDOMINIUM - CT 78-2 - airspace condominium units'on one lot, on pro- perty generally located on the west side of Jerez Court, north of Gibraltar, was adopted. I 8. AGENDA BILL #5486 - Supplement #1 - LATTER DAY SAINTS CHURCH - SEWER ALLOCATION. Resolu- tion No. 5472, authorizing the allocation of 19.0 EDU's to the Latter Day Saints Church, pursuant to the Second Revision to the First Phase Sewer Allocation, was -adopted. I 10. AGENDA BILL #5494 - GROVE APARTMENT LITIGA- TION. Resolution No. 5475, approving agreement VSD 111-6-78 with the Vista Sanitation District re the Grove Apartment litigation, was adopted. I 11. AGENDA BILL #5495 - REFUND OF OVERPAYMENTS. Xounci 1 authorized the requested refunds of overpayment of charges made by the City. Specific requests are on file in the City Clerk' Office. I 12. AGENDA BILL #5463 - Supplement #1 - SECONDARC CONTROL FACILITY. Resolution No. 5476, authorizing execution of an agreement with p. Planktonics for preparing biological components of an application for modification of secondary treatment requirements for a discharge into marine waters by the Encina Water Pollution Control Facility, was adopted. 13. AGENDA BILL #5494 - Supplement #1 - SPECIAL - COUNSEL SERVICES FOR GROVE APARTMENTS LITIGATION Resolution No. 5477, authorizing tr.ansfer of $17,862.00 from contingencies for payment of Special Counsel's services, was adopted. TREATMENT REQUIREMENT - ENCINA WATER POLLUTION 14. AGENDA BILL #5434 - Supplement #2 - EQUIVA- Resolution No. 5478, determining the number of gallons of sewaqe eclual to one eauivalent dwell- LENT DWELLING UNIT - QUANTITY DETERMINATION. ,ing unit and adopting it as a regulation pursuan to Section 13.08.081 (f) of the Carlsbad Municip Code, was adopted. I .- a 1 .. COUNCllMEI Abstain X - B 0 CITY OF .CARLSBAD. ,. . ._.. . GOUNCILMN " -3- ITEMS REMOVED FROM CONSENT CALENDAR: Councilman Lewis stated he had requested .the item removed from the Consent Calendar in that he questioned if the new owners would assume the responsibilities and legal liabilities of the original subdivider of the tract. Discussion followed regarding the extent of the City's liability in the areas of streets, side- walks and driveways. Council accepted the new agreements and bonds and authorized the City Clerk to release the existing agreements and bonds. [47] 9. AGENDA BI,LL #5493 - CALAVERA DAM MAINTENANCE . Councilman Skotnicki stated he had requested the item removed from the Consent Calendar in that he questioned the purpose of the agreement. The Public Works Administrator gave a brief repor€ and outlined the work to be. accomplished under the proposed agreement with Woodward-Clyde .&onsultants. , Councilman 'Skotnicki expressed concern that the project would be a duplication of the studies and reports that have been done by the County of San Diego and the Division of Safety of Dams of the State of California Department of Water Resources. Council the discussed the necessity of, and the reasons for conducting the additional study, specifically questioning staff in this regard. Staff responded that this project had been re- commended in response to expres'sed citizens concerns, and would not-otherwise have been recommended. Following further discussion, Counc-il directed staff to file the matter. ORDINANCES FOR ADOPTION: [114] 15. AGENDA BILL #5354 - Supplement #3 - WILD ANIMALS AND PRIVATE ZOOS - ZCA-95. The following Ordinance was given a second reading by tit1e.only and adopted: ORDINANCE NO. 9501, AMENDING TITLE 21 OF THE SECTION 21.42.010 AND THE AD.DITION OF SECTIONS 21.04.400 and 21.44.085 TO REVISE THE REGULATION APPLICABLE TO WILD ANIMALS AND PRIVATE ZOOS. CARLSBAD MUNICIPAL CODE BY THE-AMENDMENT OF .< .. .. . .-.. . CITY OF CARLSBAD.. .. . . COUNCILME -a- 16. AGENDA BILL #5469 - Supplement #1 - CHIN- CHILLAS AND OTHER DOMESTIC ANIMALS - ZCA-96. The following Ordinance was given a second read- ing by title only and adopted: DELETION AND ADDITION OF VARIOUS SECTIONS TO REVISE THE PERMITTED USE REGULATIONS REGARDING THE KEEPING OF CHINCHILLAS, DOGS AND CATS. HOUSING AUTHORITY: Council adjourned to the Housing Authority at 4:36 P.M. and reconvened at 4:45 P.M., with all Counci.1 members .present. DEPARTMENTAL AND CITY MANAGER REPORTS: Pub1 i c Works 17. AGENDA BILL #5485 - Supplement #1 - KELLY AND REQUEST TO WAIVE SEWER FEES. The City Engineer gave a brief staff report out1 ining the history- of the matter and Council I previously expressed. concern about the number Loof required EDU's. He then explained the method ology used .in determining the current requiremen of 10.1 EDU's, andadded that staff recommended the fee not be waived. ELEMENTARY SCHOOL - REVISED EDU DETERMINATION Second Revision to the First Phase Sewer Alloca- tion System to Kelly Elementary School, subject to payment of the appropriate fees within 30 days. Staff stated the matter was before Council pre- viously, and no additional staff report would be given. However, they would be happy to respond to any questions Council may have regarding the matter. Council members expressed their felling with regard to the matter, after which, the following ,Resolution was adopted by title only: RESOLUTION NO. 5461, VACATING A PORTION OF JEFFERSON STREET (ROAD SURVEY 843) SUBJECT TO CERTAIN RESERVATIONS AND EXCEPTIONS. .. .. \ .. CITY OF CARLSBAD .'. -5- .. .. Ju1.y 5, 1978 [g3] 19. AGENDA BILL #5308 - Supplement #2 - SEPTIC TANK SYSTEMS AS AN ALTERNATE METHOD OF SEWAGE DISPOSAL. The City Engineer gave a- staff outlining the contents of his memos of July 5, 1978 and June 14, 1978 to the City Manager. He stated that as a result of Council's previous direction to staf concern has been raised by Mr. Bernard Gilmore of Palomar Airport Business Park. Therefore, the matter was before Council at this time for their consideration as to whether or not to differentiate between residential and commercial industrial major subdivisions and their use of septic systems. The City Engineer explained staff's reasons for recommending the approval of major non-residenti subdivisions on septic systems under the conditi listed in his June 14, 1978.memo. In res,ponse to Council's questions, staff responded that the City would have to allow failing septic systems to hook up to the public sewer. Mr. Don W. Worley, of McDonald, Riddle, Hecht & Worley, 617 Financial Square, San Diego, re- presenting Palomar Airport Business Park, addressed Council. He enumerated the reasons that tiis client felt Council should allow com- mercial and industrial major subdivisions to .- -develop using .septic systems. Council discussion related to lot sizes, the definition of major subdivision, and the problerr with industrial subdivisions that are currently on septic systems. In addition; Council express concern about the number of septic systems allowed in the City in that they are considered a second-class system. e Following further discussion, the motion was made to direct the City Attorney to prepare docu ments to allow the processing of major sub- divisions, other than residential, on septic systems, and to allow the division of those lots already existing as major subdivisions with limitations on the number of lots to be allowed in the subdivisions. After discussion and attempts to clarify the motio'n, Councilwoman Casler withdrew her origin? motion. Council then returned the matter to staff for further report, said report to con- tain proposed language expressing the desires of Council as discussed. ADJOURNMENT: By proper motion, Council adjourned at 6:22 P.M. to 7:30 P.M. in the Council Chambers. Council reconvened at 7:30 P.M. with all Council member: present. IC t I < ( I! i I .. , I > COUNCILME 1 ns d Motion X Motion xxx Ayes X 1. - @ I) . .-. . CITY OF CARLSBAD. COUNCILMEN -6- 20. AGENDA BILL #5496 - EXCEPTION TO SEWER MORATORIUM - PLAZA CAMINO REAL - GLENDALE FEDERAL SAVINGS. Council accepted staff recommendation and approved the allocation of 2.3 EDU's sewer capacity from contingency reserve to Glendale Federal Savings. 21. AGENDA BILL #5497 - SEWER ALLOCATION REQUEST - VICTOR MORENO BALLET SCHOOL. Attorney Alexander. M. Sarko, 2551 State Street, Carlsbad, addressed Council on behalf of Mr. Moreno. He stated that Mr. Moreno was request- ing 2.2 EDU's of sewer capacity for a proposed Ballet School to be 1o.cated at 2621 Roosevel t Street. He indicated the building would be used for both private lessons and those offered in connection with Mira Costa College, and would also house the North County Ballet CompanJ. Mr. Victor Moreno then responded to Council questions concerning financing, type of structule proposed, and indicated his awareness of the time constraints should the allocation be approved. Following brief discussion, the City Attorney Motion was directed to prepare the necessary documents Ayes xxx -?a.llocating sewer capacity of 2.2 EDU's from the contingency reserve to Victor Moreno, subject to Coastal Commission approval and building per- mit issuance by January 5, 1979. 22. AGENDA BILL #5336 - SUPPLEMENT #3 - "NO PARKING ANYTIME" ON CARLSBAD BOULEVARD NORTH OF CANNON ROAD. The Public Works Director report.ed on the con- tents of his memo of June 26, 1978 to the City Manager. \ Council discussed the problem of the area being used for beach parking and beach access. They also questioned staff as to the feasibility and cost of paving Tierra Del Oro, and'of adding it to the street overlay program. In addition, Council inquired about the manner in which streets were selected for resurfacing. Following discussion, it was moved and seconded Motion X that Council receive and file the report and instruct staff to place the street 'in consider- ,ation with all other city streets for overlay at the proper time. Councilman Skotnicki moved that the motion be Motion X amended to include that the staff be directed Ayes x x.x to either post signs on either or both sides of Tierra Del Oro sufficient in depth to provide for safe ingress and egress. It Was moved the Council receive and fil'e the Motion X report and instruct staff to place Tierra Del Ayes xxx Or0 in consideration with all other city streets for overlay at the proper time. CITY OF CARLSBAD .... COUNCILME -7- City Manager 23. AGENDA BILL #5498 - SELF-INSURANCE/WORKERS' COMPENSATION. The Assistant City Manager gave a brief presenta tion outlining his memo to the City Manager dated June 6, 1978. He then introduced Mr. Jack Harmon from the R. L. Kautz Company. Mr. Harmon made a brief introductory statement with the emphasis on his company's experience in the public sector. He then responded to ques- tions from the Council and staff regarding the catastrophic loss policy and the amount of' reserves which should be kept by the City. Mr. Anderson, from Gailbraith & Green, addressed Council regarding the history of his company, an responded to Council questions concerning exper- ience and capabilities of his company. Council accepted the proposal of the R. L. Kautz Motion X Company to provide worker's compensation insur- Ayes xx ance for the City. Noes X 24. AGENDA BILL #5404 - Supplement #2 - CITY COUNCIL MEETING TIMES. Councilman Lewis stated he would be unable to gttend Counci1,meeting beginning at 4:OO P.M. Councilman -Skotnicki indicated his p.reference fob, the current schedule, adding that he felt that Council had been able to accomplish more using this schedule. Councilman Cas1e.r concurred with the comments of Councilman Skotnicki. Councilman Anear indicated his approval of the current schedule, but willingness to change. Mayor Packard expressed concern about cr.eating a meeting schedule that would regularly exclude one member from a portion of the meeting and stated that he felt that Council should seek an alternative schedule. The following Resolution was adopted by title only: RESOLUTION NO. 5447, ESTABLISHING THE TIME FOR Motion REGULAR MEETINGS OF THE CITY COUNCIL PURSUANT TO Ayes X SECTION 2.04.010 OF THE CARLSBAD MUNICIPAL CODE, Noes xx inserting 6:OO P.M. on line 15, 7:30 P.M. on line 17, and July 18, 1978 on line 23. Councilman Skotnicki stated he and Councilwoman Casler had met, and a report would be forth- coming regarding proposed conduct and procedures for Council meetings. .I July 5 CITY OF CARLSBAD- , . ”.. . COUNCILME -8- 25. AGENDA BILL #5372 - HOUSING COMMISSION APPOINTMENTS. The following Resolution was adopted by title only: ber being John W. Allen. 26. AGENDA BILL #5418 - COMMITTEE ON SENIOR CITIZEN AFFAIRS APPOINTMENTS. The matter was continued to the next regular meeting. 27. AGENDA BILL #5499 - PLANNING COMMISSION APPOINTMENT. Mayor Packard requested Council to be prepared to make nominations for the appointment at the next regular meeting. CITY COUNCIL ADDITIONAL BUSINESS: Councilman Lewis indicated he had received a Jefferson Street and Los Flores. .,Staff indicated the m-atter would be researched and hand1 ed. The City Manager stated a report would be fur- nished to Council on the matter. Councilman Skotnicki commented ‘on Assembly Bil 3698 and Senate Bill 1746, which would elimina the CPO and provide the County with authority over local governments in matters of planning. Mayor Packard appointed Councilman Lewis as Council liaison to the Parks and Recreation Commission. CITY ATTORNEY ADDITIONAL BUSINESS: The City Attorney reminded Councilwoman Casler of the semi-annual Campaign Statement due this month. CITY MANAGER ADDITIONAL BUSINESS: The City Manager reported on the progress of t Proposition 13 Advisory Committee. J CITY . OF CARLSBAD..., . COUNCILME EXECUTIVE SESSION: Mayor Packard called an Executive Session at 1O:OO P.M. for the purpose of discussing Meet and Confer matters and 1 itigation. Council reconvened at 11:15 P.M. with all Council member present, and the Mayor announced Meet and Confer matters and litigation had been discussed. ADJOURNMENT: By proper motion, the meeting was adjourned at 11:15 to Tuesday, July 11, 1978, at 7:OO P.M. in the Council Chambers. Respectfully submitted, ~ ,. . -. P- .1 '2 3 4 5 :6 .7 1 8 .. , . 9. 10 .. .ll . ' 12 13 14 .. 15 16 17 18 19 . : 20 21 . .22 . .. 23 24 ' 25 26 .27 1 20 k. .. .. \-. ' . . - I. - _" .,.- - - -. BF. JL/xy 5/ /F7f .. '. RESOLUT.ION NO. 5470 .. A'RESOLUTION OF .THE CITY .COUNCIL OF THE CITY. OF CARLSBAD, CALIFORNIA,.RECITING THE FACT OF ASPECIAL MUNICIPAL ELECTION HELD IN SAID C1T.Y ON THE 6TH DAY .OF JUNE, SUCH OTHER MA'TTERS AS ARE PROVIDED BY LAW. . '1978, DECLARING THE RESULT THEREOF AND WHEREAS, a special municipal election was held, and c0nducte.d in the C,ity of Carlsbad, County of San Diego, State of California, on Tuesday, the 6th day ,of June, 1978, as required by law; and WHEREAS, pursuant to City Council Resolutions Nos. ,5338 and 5339 said.election was consolidated with the statewide primary . election held on said date; and WHEREAS, notice ,of said election was duly and regularly givt in time, form and manner as provided by law, that voti.ng precinct! 'were properly established, that election officers were, appointed .and that in all respects said election .. was held and conducted and the 'votes cast thereat, received and can.vassed and the returns mat an.d declared in time,. form and manner as required by, the provisior of the Elections Code of the State of.-California for the holding 1 . .., 1. ~ electiqns in cities; and .WHEREAS, City Council Resolution.No,. 5339, adopted the 8th of March, 1978,,authorized t.he.Board of Supervisors of the County of San Diego to canvass the returns of said election; and ., . , WHEREAS, pursuant to the Elections Code said canvass has be completed by the Registrar of Voters who has certified the re'sult to said Board'and to this City Council, said results are. attached and made 8 part hereof as Exhibit A. xxx ."" .. .. .. . .xxx. . .. . . ." - """. -."~"_ .. '. II - c c 1 NOW; THEREFORE, the Ci.ty Council of the City of Carlsbad, .. .2 California; does resolve as follows: 3. '2. .That said special municipal election was held for the 4 1. That the above recitations are true and correct. . 5 portion, of a. term of office in which a vacancy was created, said i 6 purpose of electing a member of the City Council for the unexpirc 7 term to end on March 11, 1980. B. 8 3. That the total numb'er of votes cast in said City was .. . 9.11 10,738 ,., 10 4, That the names of persons voted for dt said election fo 'xi . given to each such. person are as follows: 12 a member of the City Councjl of said.C.ity and the number of vote 13 14 CLAUDE A. LEWIS - 4,782 MARK A. NELSON 3,051 ->.. 15 16 FLAVIA R. SMITH , ._ 1,279 CLAUDE A. LEWIS was elected as a member of the Cit.y Council of s 17 . ,.. 5. -That the City Council does declare and determine that .. . 18 C.ity for a term ending on March 11, 1980. 19 6, That the City Clerk shall enter on the records of the 20 City Council of said City' a statement of the result of said elect I/ 21 showing: c- 7 ' ; ,2211 (a). The whole number of votes cast .in the City. .. 23 2.4 ' 25 26 (b) The names o'f the persons voted for. - .>-/ - ' (c) The office which each person was voted for. (d) 'The number of votes given in the City to ea'ch pers .. . I. 7. That the City Clerk shall immediately make and, upon ,2'7 11550'and .11559 of. the Elections Code of the State of. Ca1 ifornfa 28 compliance by the person electe'd with the provisions of Sections B I1 2. a. c * II .. . .. c .. 1 'shall deliver to the person elected a Certificate of Election ' 2 signed by. the City Clerk and duly authenticated; that the City .. 3 person subscribe thereto and file the same in the office of the 5 State Constitution of the State of California and shall have the 4 Cl'erk shall also'administer the Oath of Office prescribed in the . 6 City Clerk. Whereupon, said person so elected shall be inducted B 7 adoption of this resolution, shall enter the saKe in the book of g 8. That the City Clerk shall certify to the passage and 8 into the office to which he has been elected, . 10 original resolutions of said City, and s.ha'il make a minute of thl 11 passage and adoption thereof-in the records sf the proceedings o 92 'the City Council of said City in the m1"riutes of the meeting a.t '. 13 which the same is passed and adopted. an adjourned 14 .Carlsbad City Council held on. the 5th day .. of July , 1978, b 15 PASSED, APPROVED AND ADOPTED at / regular meetin'G of the . 16 sthe 'following votes to wit: . . :: . 17 18 19 20 21 22 23 24 ' 25 26 27 i 28 1~ AYES: Councilmen Packard, Skotnicki,'Anear arid NOES : None ABSENT : None - Councilwoman Casler *- ' ' g&/E%G2&4 .. RONALD C, PACKARD, Maya .. ATTEST: ~ I - -52 -. .. I Margaret E. Adams MARGARET E. ADAMS', City' Clerk (s-EAL) B~: bL5-ty<i . .. . : ' .;. . .. .. II .3. .I' 2.- . ..i 1. > c c '. EXHIBIT "A" ' CERTIFICATE .. . STATE OF CALIFORNIA) 1 ss. COUNTY OF SAN DIEGO) . .. . I, R. T. .DENNY , Registra'r of Voters of the Coun.ty of San Diego, do hereby - certify that I have canvassed th2 'returns of th2 Direct Primary Election, . June 6, 1978, and that the following is a coroplete copy of all returns of ' the Direct Primary Electioil, a'ncluding: , Direct Primary Election, State of California; . ,San Diego County Election; City of San Diego Election; . . City of Chula Wsta Election; 4City of Carl sbad Election; .. B. city of Coronado €1 ection; . - City of Oceanside Election; . city of San Marcos Election; r. ' Fallbrook Union High School District Election; Lemon Grove School District Governing Board Election; San Marcos Fire Protection District Election; .Rainbow Mur,icipal Water District - Improvement District No. 6 Election; Rainbow F*tmicipal \later District - Division 5 Election; Rincon DeJ Diablo Municipal Water District - Improvement District F .Election; Carlsbad Mqicipal Water District - Division 2 Election; Carlsbad Municipal Water District - Division 5. Election; - . De Lur Heights Municipal Lkter Distr:'ct - Div-r'sion 2 Election; De Luz Heights Municipal Water District - Division 5 Election; Olivenhain Municipal Mater District - Division 2 Election; Otiy Municipa? Water District - Division 5 Election; Padre Dan blunicipal lilater Gistrict - Division -3 Election; .-Poway Municipal Water District - Division 2 Election; Poway Municipal Water District - Division 4 Electicn; .,Ramona Mmicipal Water District - Division 2 Election; Valley.Center Mrtnicipal $later District - Division 5 Election; 'CSA %9 (Zone D) Santa Fe (Village Pk.) Election. ' .. San Marcos Unified School District Governing Board Election; I . Witness my hand .and Official Szai, this _3' 4 day of , 1978. *- I) .. -,' . . . .. -i" Registrar of Vot4rs . ' 5. . ,. . i' .. -. ,.? .L ' ' %ONPAAT I SAN <d !\AIRY ELECT ION JUNE 6.' 1978 ' c- .. .. PAGE . 1 CCUNTY 2aEc INCTS ,I 0 182, 2924 454 1 it92 590 528 1333 .. 742 . i "Y c, L. NONPARTISAN CRlMARY ELECTION JUNE 6; 1078' .- PAGE' ' 2 CITY OF CARLSSAD CARLSBAD KUNICIPAL UArER DISTRICT NWEA. ClTI CWWIL DIV 2 DIV 5 ' ..